United States v. Martini, No. 10-2210 (2d Cir. 2012)Annotate this Case
In 1987, Cassesse was convicted of conspiracy to distribute heroin and sentenced to five years’ probation. In 1991, he was convicted of possession with intent to distribute more than 500 grams of heroin and sentenced to 87 months with a consecutive term of 87 months for violating probation, and a lifetime term of supervised release, 21 U.S.C. 841(b)(1)(B) (1991). While under supervised release, he was indicted for racketeering, 18 U.S.C. 1962. Following his guilty plea, the district court sentenced Cassesse to 90 months of imprisonment and three years of supervised release. Cassesse pled guilty to the supervised release violation in exchange for a recommendation that any additional term be served concurrently. The court rejected the recommendation, imposing a sentence of 12 months of imprisonment for the supervised release violation to run consecutively to the 90 month term. Having revoked lifetime supervised release for the narcotics violation, the court then imposed a new lifetime term of supervised release. The Second Circuit affirmed. The court was not required to deal with “the almost metaphysical issue” of how a lifetime term of supervised release, imposed for a supervised release violation, should be reduced by the number of months of a prison term imposed for the violation.
The court issued a subsequent related opinion or order on July 25, 2012.